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(영문) 인천지방법원 2016.11.16 2016고단6304

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of one million won.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On April 24, 2016, around 22:40 on April 24, 2016, at the bus stops in Seocho-gu Seoul Metropolitan Government (hereinafter referred to as Seocho-gu), the Defendant was kneee of the victim, such as aground, aground, etc. on the side of the victim, with the intent to commit an indecent act against the victim D (name, boarding, 18 years of age) who was sitting on the second floor of the bus, and was sitting on the victim's left body, and continued to contact the victim's right body at around 23:0 on the same day.

Accordingly, the defendant committed indecent acts against the victim in public means of transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to D;

1. Relevant Article on criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction of a defendant against a sex offense subject to registration becomes final and conclusive with respect to the judgment that constitutes a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant

In order to exempt a defendant from an order to disclose personal information, taking into account the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose and notify personal information registered pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

The reason for sentencing is that the attitude of the crime of this case is not relatively significant, that the defendant recognizes and reflects the crime, and that the defendant is the defendant.